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Pedestrian Brain Injury Claim Resolved after Court Hearing

Posted: July 30th, 2014

A woman from Dublin, who was knocked down by a car as she was crossing the road, has resolved her pedestrian brain injury claim after a hearing at the High Court.

Elena Schiopu from Dublin was attempting to get to the other side of the Morehampton Road on 9th September 2011, when a car travelling along the road stopped to allow her and her young granddaughter – who was being pushed in a buggy – to cross the road.

As she stepped out from the pavement, Elena was knocked over by a vehicle that had attempted to undertake the car which had given way. Despite suffering cuts and bruises as a result of the accident, Elena continued home with her unharmed granddaughter.

However, Elena later developed slurred speech and weak limbs, and she went to hospital for an examination. Elena was admitted to the hospital, and then transferred to intensive care when her condition started to deteriorate.

Elena lost all powers of communication due to a brain trauma she had sustained in the accident and was diagnosed as quadriplegic. Elena is now confined to a wheelchair and in 2012, was transferred to a specialist nursing home where she can receive the 24 hours-a-day care she needs.

Through her daughter, Elena made a pedestrian brain injury claim for compensation against the driver of the vehicle that had hit her – Eamon McElwain of Donnybrook in Dublin. McElwain´s insurers contested the pedestrian brain injury claim – arguing that their policyholder had not been speeding or driving dangerously.

They also alleged that Elena had failed to look as she stepped out from behind the stationary car, but Elena´s solicitors argued that McElwain had engaged in a dangerous manoeuvre and, with reasonable care, he should have been aware that there was the potential for a pedestrian to be crossing the road.

The two parties agreed a €1 million settlement of pedestrian brain injury compensation; but, due to the fact that Elena was unable to represent herself, the settlement of the claim had to be approved by a judge before the case could be resolved.

Due to the size of the settlement, the circumstances of Elena´s accident and the nature of her injuries were related to Ms Justice Mary Irvine at the High Court. Judge Irvine commented that this was a particularly distressing case, and she extended her sympathies to the family and she approved the settlement of the claim.

Categories: Car Accident Compensation

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